Henderson v. Harbin
Filing
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MEMORANDUM OPINION ADOPTING REPORT AND RECOMMENDATION that Defendant's motion for summary judgment # 17 be granted and that Henderson's civil rights lawsuit be dismissed with prejudice. Signed by District Judge Ron Clark on 1/7/19. (mrp, )
THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
JAMES BRYANT HENDERSON, III
§
VS.
§
LT. KIMBERLY HARBIN
§
CIVIL ACTION NO. 6:16cv1360
MEMORANDUM OPINION ADOPTING THE REPORT
OF THE UNITED STATES MAGISTRATE JUDGE
Plaintiff James Henderson, III, proceeding pro se, filed this civil rights lawsuit under 42
U.S.C. §1983 complaining of alleged deprivations of his constitutional rights. The case was
referred to the United States Magistrate Judge, the Honorable John D. Love.
On October 19, 2018, Judge Love issued a Report, (Dkt. #19), recommending that
Defendant’s motion for summary judgment, (Dkt. #17), be granted and that Henderson’s civil
rights lawsuit be dismissed with prejudice. A copy of this Report was sent to Henderson at his
address, return receipt requested. The docket demonstrates that Henderson received a copy of this
Report before October 24, 2018, (Dkt. #20). However, to date, no objections to the Report have
been filed and Henderson has not communicated with the Court since July 2017.
Consequently, Henderson is barred from de novo review by the District Judge of those
findings, conclusions, and recommendations and, except upon grounds of plain error, from
appellate review of the unobjected-to proposed factual findings and legal conclusions accepted and
adopted by the district court. Douglass v. United Services Auto. Association, 79 F.3d 1415, 1430
(5th Cir. 1996) (en banc).
The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge.
Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. See
United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918, 109 S.Ct. 3243
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(1989) (where no objections to a Magistrate Judge’s Report are filed, the standard of review is
“clearly erroneous, abuse of discretion and contrary to law.”). Accordingly, it is
ORDERED that the Report of the United States Magistrate Judge, (Dkt. #19), is
ADOPTED as the opinion of the Court. Further, it is
ORDERED that Defendant’s motion for summary judgment, (Dkt. #17), is GRANTED.
Plaintiff’s civil rights lawsuit is DISMISSED with prejudice. Finally, it is
ORDERED that any and all motions which may be pending in this case are hereby
DENIED.
So Ordered and Signed
Jan 7, 2019
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